What is intellectual property law

One of the first things that you should know about when starting a business is all about intellectual property law. There are not many people that know and understand this aspect completely.

This is type of attorney is going to cover all legal issues that are involving property rights. Making sure that you are not in danger of overstepping any rights if you are a property owner. Or, that a property owner doesn’t ask you things to do that they aren’t allowed to do.

However, this type of attorney will not only be handling your property cases. There are a couple of other things that they can also offer you as a business owner.

Services that you can get from an Intellectual Property Litigation attorney

 
When you are hearing about an intellectual property litigation attorney, then the first thing that people are thinking is about property, and property law.
However, there are more to this type of attorney than just property law. They are also handling other business issues like handling research data, invention blueprints and other designs. It really depends on the type of business that you have, and why you might need to hire an attorney.

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Intellectual property law: Facts you need to know

So many people don’t have the knowledge about law to know that they should hire a certain lawyer for certain cases. And, that you as a business owner should make sure that you are familiar with all the different types of attorneys that you can hire.

This is why it’s essential that you and everyone that are considering starting their own businesses, should have as much legal knowledge as possible. And, this is also, why you should make sure that you are hiring the best attorney for your business as possible. These are some facts about intellectual property law that you should know about.

What is intellectual property law?

One of the first things that you should know about when starting a business is all about intellectual property law. There are not many people that know and understand this aspect completely.

This is type of attorney is going to cover all legal issues that are involving property rights. Making sure that you are not in danger of overstepping any rights if you are a property owner. Or, that a property owner doesn’t ask you things to do that they aren’t allowed to do.

However, this type of attorney will not only be handling your property cases. There are a couple of other things that they can also offer you as a business owner.

Services that you can get from an Intellectual Property Litigation attorney
When you are hearing about an intellectual property litigation attorney, then the first thing that people are thinking is about property, and property law.
However, there are more to this type of attorney than just property law. They are also handling other business issues like handling research data, invention blueprints and other designs. It really depends on the type of business that you have, and why you might need to hire an attorney.

Some intellectual property disputes that you might face

There are a couple of intellectual property disputes that you and your business might face, when it comes to property and businesses.

Some of the most common dispute that business is dealing with is copyright law disputes. This is where someone has copied and used work illegally, or against the company’s approval. This can have some serious consequences for both parties, the business and the person that haven’t agreed with the copyright law. And, this is why you should make sure that you are hiring the best intellectual property litigation attorney for your business.

Another example about one of these disputes that can be claimed is because of patent claims. This is where you patent a product, so that you and only you can make and sell it for a certain period of time. And, when someone “stole” the patent, you will need to have an experienced attorney to handle the patent claim for you. Or, you can be the one that accidentally uses the patent of someone else and didn’t check if there is already such a patent handed in. Then, you also might need this type of attorney to make sure that you are not being punished for something you didn’t know about.

When you are in the middle of an intellectual property law case
When it happened and you are in the middle of such a case, and you need to hire an attorney, you need to know exactly how to find the best attorney for you and your business.

There are a couple of these attorneys that you can find, but finding the best one is essential. When you have hired such an attorney, then you need to make sure that you are going to explain everything without lying and without leaving anything out. This is the only way that you can make sure that you are going to have the best case possible.

When it comes to Intellectual Property Law, you need to make sure that you are familiar with all the information about this aspect. This is the only way that you can make sure that you are going to get the right attorney that will make sure that the truth is coming out and that you and your business are protected. It is important to take the time and get as much information about intellectual property law as possible.

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LAW FIRM OF DAYREL SEWELL, PLLC

The LAW FIRM OF DAYREL SEWELL, PLLC is a New York City based law firm that understands that to make it here is to truly make it any where.  It is only fitting that our New York State and New York & New Jersey MSDC certified MBE law firm is founded by Attorney Sewell, who is proudly a genuine New Yorker.


Experienced New York Attorneys Insistent Upon Excellence


The practice of law is an art that takes many years to perfect. Over the years, this New York patent law firm is relentlessly in pursuit of perfection.  Our attorneys have built a reputation for excellence and client satisfaction in litigation, patents, trademark, copyright, pharmaceuticals, food & drug, healthcare, business law, real estate, and more. Attorneys at the LAW FIRM OF DAYREL SEWELL, PLLC have professional and/or academic experience at such esteemed institutions as Columbia University, Johns Hopkins University, Johns Hopkins University School of Medicine, and New York Presbyterian Hospital, to name a few. The majority of the firm’s attorneys have U.S. patent attorney registration, an additional Master Degree to complement their Juris Doctor degree, and possess large law firm experience.


‘On-paper’ and ‘off-paper’, we insist on excellence. Attorneys here are admitted to the Supreme Court of the United States, have appeared on CNN live international television, maintain superb peer and client ratings, possess legal and scientific journal publications, received Bar Association appointments, and many other honors.


The Difference Maker


Your business is our business, and we take that seriously.  While some firms might be comparable in talent, other firms do not mirror the drive, dedication, and desire of our attorneys to provide tailored, legal excellence to each and every client. Hard work is a given, but it is the intangibles that set us apart. This is what we do, we love what we do, and it shows.


We are the New York attorneys that clients from across the country call when there is a need for highly skilled legal representation. When it matters to you, you can’t afford to risk lackluster, legal representation, so don’t. We deliver results. You deserve the skillfulness and client commitment that our attorneys consistently provide. With over 40 years of experience, leadership positions in the New York legal community, excellent peer and client reviews, and a plethora of recognition, our New York law firm is honored to serve as your New York law firm.

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Patent Lawyer

If your business is made just in light of creating, promoting, and offering innovative products, you may need to search for an individual or firm who are based in and whose practice is exclusively centered on copyright and patents. And also, if your business is based on online publishing or pursuits, a legal advisor who ventures in First Amendment and data innovation law could be a valuable accomplice.

A patent lawyer is a lawyer who possesses the technical qualifications important for acting on client’s behalf in getting patent and representing clients in all matters and processes regarding patent law and practice, like charging an opposition. The term is utilized contrastingly in various nations, and thus could possibly require similar legal capabilities as a legal practitioner. 

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The Search For Equitable Remedies For Breach of Contract

In New York, for a legally enforceable agreement to exist at contract, the Plaintiff must establish an offer, acceptance of that offer, consideration moving between the parties, mutual assent, and intent to be bound.  See Kwalchuk v. Stroup, 61 A.D.3d 118, 121 (1st Dep’t 2009).  An Offer is defined as “…the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it” (see Restatement (Second) of Contracts §24).  “…(I)t must create a reasonable understanding in the offeree that the offeree has the power to create a contract by simply manifesting an assent to the offer…”  See Dr. John E. Murray, Jr., Corbin on Contracts (Desk Edition 2015) § 1.05.[2]  Acceptance of an Offer is a “…manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer…”  See Restatement (Second) of Contracts §50 (1).  Acceptance can be by performance or a promise to perform[1], if the offer invited such mode of acceptance.  Acceptance must be a voluntary act on the part of the offeree.  Consideration is the bargained for exchange moving between the parties.[2]  Generally, in an arms length bargain, the Courts will not inquire into the adequacy of consideration[3].  However, the bargained for exchange must move between the parties simultaneously, meaning generally, consideration must not be something done in the past, or something the party is already legally obligated to do[4].  Lastly, for an enforceable agreement to exist, it must meet the requirements of the Statute of Frauds.[5]

Breach of Contract

A Breach of contract occurs, when performance of the contractual obligations is due, but one or more of the parties to that contract fails to perform their obligations.  “…[A] contract is not breached until the time set for performance has expired…”  See Cole v. Macklowe, 64 A.D.3d 480, 480 [1st Dep’t 2009].  Alternatively, anytime before performance is due, if a party makes a clear, and unambiguous statement of an intent not to perform, or from that party’s conduct, it can be reasonably deduced that the party does not intend to perform, there is anticipatory breach of the contract.  The party to whom performance is due may have recourse to remedies at this point in time, not withstanding performance is due sometime in the future.[6]

Remedies

Generally, a party that suffers a loss due to a breach of contract may sue for remedies under patent law firm or equity.  The most common type of remedy under the law would be damages.  Providing it is foreseeable, the law will afford the aggrieved party monetary damages, the measure generally, being to put the aggrieved party in the position as if the contract had taken place.  See Restatement (Second) of Contracts §§ 344-352 et al.  If, on the other hand, the facts of the case dictate that damages are not feasible, equity may step in to afford what is known as an equitable remedy such as specific performance or injunction.  This is especially so in real property contracts, or contracts where the subject matter of the contract is a unique good.  It should be noted however that specific performance will not be available to compel individual performance of a contract due to constitutional issues that arises, specifically the 13th Amendment of the U.S. Constitution, thus varying somewhat from other common law jurisdictions.  See Vanderbilt University v. DiNardo, 174 F.3d 751 (6th Cir. 1999).

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Intellectual Property Litigation

LAW FIRM OF DAYREL SEWELL, PLLC twenty five years of success and skill in intellectual property litigation has systematically earned our team national recognition. whether or not through judicial proceeding within the courts or challenges at the government agency, we tend to partner with our shoppers to search out inventive solutions for his or her material possession problems at an inexpensive value.

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Angelina Jolie and The Supremes

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Mr. Sewell’s article, entitled “Unanimous U.S. Supreme Court and Angelina Jolie: BRCA1 & BRCA2 Patentability”, is a featured cover story in this month’s issue of Intellectual Property Today™. Featured articles emphasize developments in cutting edge technology and their effect on intellectual property law practice.

Since 1994, Intellectual Property litigation Today continues to be a leading, national law publication that focuses on legal issues in patent, trademark, and copyright law. You are encouraged to comment on this article and to receive free updates by subscribing to the firm’s Blog and Press Release sections. Thank you.

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Chairman Bar Association Highlight

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Mr. Sewell’s recent, featured publication, The Ignominious Patent Troll, also prominently appears in the year-end publication of the Brooklyn Barrister.

The Brooklyn Barrister is the official publication of the Brooklyn Bar Association. Dayrel looks forward to continuing his leadership roles as Chair of the Brooklyn Bar Association Intellectual Property Law Committee and Vice-Chair of the Brooklyn Bar Association Real Property Committee.

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Frontline Article from Frontline Law Firm

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Messrs. Sewell’s and Ng’s recent, featured publication, “A ‘Generic’ Victory for Specific Fact-Findings”, appears in this week’s IPFrontline newsletter (see hyperlink below).

IPFrontline is a web magazine about intellectual property litigation. The IPFrontline electronic newsletter lands in more than 15,000 e-mail boxes every week, ensuring timely delivery of top stories and articles appearing in IPFrontline online.

You are encouraged to comment and receive free updates by subscribing to the firm’s Blog and Press Release sections.

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